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MADISON - ST. CLAIR RECORD

Saturday, April 20, 2024

Eight of 12 class actions filed in St. Clair County in '09 have been removed

Young

Of the 12 new class action lawsuits filed in St. Clair County in 2009, eight have been removed to federal court.

And among the remaining four, one case - against Redbox movie rental stations -- appears headed for removal.

Plaintiff Laurie Piechur, represented by Thomas Maag, claims Redbox illegally charges excessive late fees despite its promises against such a practice.

St. Clair County Circuit Judge Patrick Young presides. He has set a mandatory status conference Jan. 14 at 9:30 a.m.

Redbox filed a motion Nov. 24 to remove the case.

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A class action brought by Rhonda Lemay against Sears Roebuck and other companies over their sales of allegedly mismarked lawnmowers is currently set for a status conference before St. Clair County Circuit Judge Michael O'Malley on Jan. 11 at 10 a.m.

However, Andrew Stone, another plaintiff in a similar class action suit, has filed a motion opposing a move by Lemay to consolidate her case with his.

Stone claims Lemay's motion to consolidate is improper and that his cause of action is the oldest and most proper case that should proceed.

Plaintiff's attorney is JoDee Favre.

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Defendants in a suit over faxed advertisement have filed their answers denying that they had anything to do with the ads received by plaintiff Locklear Electric of Wood River.

In a case filed by Robert Sprague in August, Locklear Electric claims Florissant Injury and Pain Relief Center violated the Telephone Consumer Protection Act by sending unsolicited materials.

The defendants filed their answers in November.

Locklear also has suits pending over the same issue in Madison County.

St. Clair County Circuit Judge Robert LeChien is scheduled to hear arguments on the motion at 9:30 a.m. Dec. 21.

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In a nearly identical suit, Taylorville Chiropractic Clinic has moved to dismiss a suit brought by Mixon Insurance Company over faxed ads. That suit was also filed by Sprague. LeChien presides.

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